Facts

Plaintiff Jazan Wild authored a three-part graphic novel, "Carnival of Souls." He filed suit against defendants NBC Universal and the producers of the television series "Heroes," alleging a federal claim for copyright infringement, and state law claims for intentional and negligent interference with prospective economic advantage, unfair competition and unjust enrichment.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed that "Heroes" copied protected elements of "Carnival of Souls," and cited to excerpts from the two works as evidence of their similarity, including among other things a traveling carnival, a "dark carnival leader," a hall of mirrors scene, a fortune-teller and a Jamaican voodoo witchdoctor.

DEFENDANT's CONTENTIONS:
Defendants argued that there is not even the remotest similarity in expression of the ideas that underline the two works. They also contended that, as a matter of law, "Heroes" does not incorporate any protected elements from "Carnival of Souls" and that the related state law claims are preempted by the Copyright Act.

Result

Judge Gary Allen Feess granted the defendant's motion and dismissed plaintiff's copyright infringement claim for lack of substantial similarity, and the state law claims as preempted by the Copyright Act, without leave to amend.